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Central govt service matter

(Querist) 19 March 2019 This query is : Resolved 
Dear Sir/Madam
I am serving in BSF. I have filed a writ petition regarding Pay Scale in Patna High Court in February 2016 but till now I have not got any date of hearing. At the time of filing my advocate told me that it would be disposed off within 6 months of filing. But even after 3 years I have not got a single date of hearing. Advocate don't answer satisfactorily.
Please help with that. I am clueless about the time frame for first hearing.
kavksatyanarayana (Expert) 19 March 2019
The other side party is Govt. The GP on behalf Govt. have to file counter and it may be delayed in administration. However in your case it is a long period nearly 3 years and I think no such long time will be taken without any further action. Your lawyer is not interested in the case best know to him. When you are not satisfied the service of your lawyer, you may change him and select another advocate who has well knowledge in service matters.
Dr J C Vashista (Expert) 20 March 2019
Contact and consult your lawyer, however, if s/he is not responding to your call/ query you must change him/her immediately.
Either you are not fully acquainted with proceedings or your lawyer is incompetent. So much time, as alleged, shall not be taken to issue/accept notice on behalf of government through their nominated standing counsel(s) attached with all High Courts throughout the length and breadth of the Country.
Guest (Expert) 20 March 2019
The justice system actually requires overhauling. Actually, there should be zero tolerance on administrative delays. There is no other way to activate and improve intentional delaying habit of the administrative machinery. Besides, lawyers also become the cause of delay when they prefer to take dates in view of their heavy assignments of other cases for the dates of hearing.

However, if delay is on the part of your department, better request the judge to impose heavy fine on the department for each day of delay in its reply and pay that amount to you.
P. Venu (Expert) 20 March 2019
Yes, such delay is really a problem, esp. for those in the para military. You can ascertain the status of the case through the court website; the task would be easy if you can get the case number from the lawyer.

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